The year of the acquisition

photo.jpgThe year 2015 is not only the year of the goat, but also the year of the mergers and acquisitions. Wall Street is  already talking about a “renaissance”.

The pharmaceutical sector holds the the records with acquisitions up to the € 200 billion. Some acquisitions: Teva acquired a part of Allergan ($ 37 billion), Mylanacquired Perrigo as well as a part of Abbott (together $ 31 billion). And recently, the Dutch Biotech Company Dezima was acquired by Amgen ($ 1.55 billion).

Also in other industries the amount of mergers and acquisitions is growing. Shell bought the British gas producer BG Group (€ 64 billion), which was the biggest acquisition in the Netherlands ever!

One of the reasons of the spectacular rise is the availability of cheap money. Sometimes even with a negative rate!

We all know that during acquisitions IP plays an important role. Patents, for example, formed a large part of the value of companies such as Nokia and Kodak. Before a company is acquired, an audit of all Intellectual Property rights, is therefore of great importance. The buyer does not want to be confronted with claims, trademarks that still are registered in the name of different companies (that were not acquired) or limitations. Especially with acquisitions with SMEs but even larger companies, audits are sometimes forgotten or IP does not play any role at all. Quite risky, with sometimes painful consequences for the new owner.

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Arnaud Bos

“Merkbescherming geeft vrijheid om te kunnen ondernemen.”



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